Elavarasu v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Elavarasu S/o.Angamuthu ... Petitioner Vs.
1.The Collector, Office of Collectorate, Salem District.
2.The District Revenue Officer, Office of District Revenue Officer, Salem District.
3.The Revenue Divisional Officer, Office of Revenue Divisional Officer Attur Taluk, Salem District.
4.Mr.Balaji, The Tahsildar, Attur & Taluk, Salem District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider petitioner's representation dated 28.06.2024 and take appropriate departmental action against the fourth respondent, namely, Balaji who was presently working as a Tahsildar, Attur Taluk, Salem District within the time frame fixed by this Court. 1/6
For Petitioner : Mr.V.Gunasekar For Respondents : Mrs.V.Yamuna Devi Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 3 to consider the complaint/ representation made by the petitioner on 28.06.2024 wherein the petitioner requested for taking departmental action against the fourth respondent, who is working as Tahsildar, Attur Taluk, Salem District.
2. Heard Mr.V.Gunasekar, learned counsel for petitioner and Mrs.V.Yamuna Devi, learned Special Government Pleader appearing for respondents.
3. The case of the petitioner is that he is the owner of the property in Survey No.388/40 at Ammampalayam Village, Attur Taluk. The patta was standing in the name of one Solaimuthu even though he had no right over the property. Therefore, the petitioner approached the fourth respondent for transferring the patta in the name of the petitioner. At that point of time, the fourth respondent seems to have demanded 2/6
bribe and the petitioner has openly stated in the affidavit that he paid bribe amount of Rs.15,000/- to the fourth respondent. On receipt of this amount, patta was transferred in the name of the petitioner.
4. The further case of the petitioner is that the fourth respondent, thereafter, received money from the sons of one Angamuthu, who are residing in the same village and transferred the patta in their name.
5. The petitioner, being aggrieved by the attitude of the fourth respondent, submitted a detailed representation/complaint to initiate action against the fourth respondent. Since no action has been taken, the present writ petition has been filed before this Court.
6. This is one of the most shocking cases that has come up before this Court where the fourth respondent, who is the Tahsildar, seems to be receiving money regularly and transferring patta in the names of persons, who pay him money. Such sorry state of affairs has to be immediately dealt with by the higher officials. In fact, the petitioner has made an averment in the affidavit to the extent that the patta was 3/6
transferred in his name for the subject property only after he paid money to the fourth respondent. Considering the facts and circumstances of the case, this Court feels that lesser said is better.
7. There shall be a direction to the second respondent to deal with the representation/complaint made by the petitioner on 28.06.2024 and initiate enquiry after affording opportunity to the fourth respondent and a final decision shall be taken in this regard within a period of four
(4) weeks from the date of receipt of a copy of this order.
8. The petitioner is directed to make a fresh representation to the second respondent along with a copy of this order. This writ petition is disposed of with the above direction. No costs.
25.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 4/6
To 1.The Collector, Office of Collectorate, Salem District.
2.The District Revenue Officer, Office of District Revenue Officer, Salem District.
3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Attur Taluk, Salem District 5/6
N.ANAND VENKATESH, J gm 25.09.2024 6/6